mukesh goyal (manager-accounts ) 22 June 2012
Dear Experts / Lawyers.
Pl. read and reply to my querry.
My father can gift his self earned property to my mother / my or my wife name.
If the gift deed on Ten rupees stamp paper , is it valid or not , what is the content on this docs, to be require to complete in the eye of law.
thanks.
Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 22 June 2012
Mr.Goyal,
The gift is required to be mandatorily registered, the registration tariff for gift to close relatives is 3-4 % in my view.
Senthil Kumar L (Advocate) 22 June 2012
Dear Mukesh Goyal,
Your Father has every right to settle / gift his self earned property to anybody.
If he settling / gifting in your favour or in favour of your brother(s) / sisters or in your mother’s name the Stamp Duty is less. For Example in Tamil Nadu you are required to pay a sum of Rs. 10 Thousand as Stamp Duty and Rs. 2,100/- as Registration Charges.
If your father intends to gift / settle to any other (non-blood relatives) person it is considered as Sale (conveyance) in the eye of law and hence you are not entitled to get any concessional rates of stamp duty.
Both Settlement and Gift Deed must be registered under the Registration Act before the competent registering authority.
Where there is more than one children if you are admitting the other non-beneficiary children as witness in the Settlement / Gift Deed it will be very helpful to avoid any future litigation.
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